This ICR has
been returned as improperly submitted. Prior to resubmitting this
package, DOJ should clarify what revision, if any, is being made to
the collection, and categorize the ICR properly; ensure that the
burden change information in ROCIS is consistent with the
description of the burden change explanation in question 15 of the
supporting statement; and refine its estimate of the cost to
respondents in question 13 of the supporting statement -- in
particular, DOJ should clarify how much of the cost has already
been incurred and estimate how much will be incurred over the
period in which it is seeking approval.
Inventory as of this Action
Requested
Previously Approved
03/31/2013
36 Months From Approved
08/31/2013
1,381,496
0
1,381,496
23,024
0
23,024
25,001
0
25,001
Under Title 28, Code of Federal
Regulations (CFR), Section 25.6(h), the FBI CJIS Division, would
require the transmission of electronic determination messages to
the NICS Section of the status of a firearm background check in
those instances in which a transaction is "open" (transactions
unresolved before the end of the operational day on which the
transaction was initiated); "denied" transactions; transactions
reported to the NICS as open and subsequently changed to proceed;
and overturned denials. The Point of Contact (POC) State must
communicate this response to the NICS immediately upon
communicating their determination to the Federal Firearms Licensee
(FFL) or in those cases in which a response has not been
communicated, no later than the end of the operational day in which
the transaction was initiated. A final determination response from
Full State POCs, Partial POCs, and Alternate Permit State POC must
be communicated to the NICS in order to ensure the NICS correctly
purges proceeded transactions before the beginning of the next
business day in order to maintain compliance with retention
regulations. Additionally, this information will be used for
statistical purposes; for FFL record inspections by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF); to assist in the
NICS Section's appeal process for research purposes; and to enhance
the performance of the NICS by making state final determination
information available to the NICS Section.
US Code:
28
USC 25.6(h) Name of Law: Brady Handgun Violence Prevention Act
of 1993
The NICS Section Response to
the burden increase: In previous collections, the NICS Section
utilized industry standard data and estimated the annual costs for
post implementation at $25,000 per Point of Contact (POC) State,
per year. Based on 13 POC States at $25,000 annually, the total
annual cost burden to the 13 POC States was $325,000 per year, over
a three year period. On the most recent OMB 83-I, the NICS Section
reported $25,000 in annual costs for post implementation as the
annual reporting and recordkeeping cost burden. In previous
collections, the NICS Section should have multiplied the $25,000
annual cost by the 13 POC States to arrive at $325,000 annually per
POC State. The $325,000 multiplied by three years (the duration of
the collection) resulted in a $975,000 costs for post
implementation years. Also, the annualized cost to the Federal
Government to accept POC State submitted transaction statuses was
estimated to be between $250,000 and $350,000. Additional annual
costs for data storage, processing costs, and communication
requests are estimated to cost $100,000. In addition to post
implementation year cost the NICS Section estimated $10,000 to
$2,000,000 in costs for the POC States to implement a system to
transmit the electronic notifications to the NICS Section. Due to
the large variance in the amount of technical changes required from
each POC State the NICS Section estimated this cost to be within a
range. Also, in order to gain a more precise estimated cost the
NICS Section canvassed POC States to determine their costs and the
information was not available or the costs were absorbed into the
POC States operating and maintenance budget. Due to the variety of
the technical requirements that exist among the different POC State
systems, the multiplicity of available technology, and
indeterminate volume of transactions, the total annual cost burden
to the POC States was estimated to be $13,390,000. This figure
includes start up costs for initial implementation which were
estimated according to industry standard data. This figure also
includes NICS Section estimated annual costs for post
implementation, which includes operation and maintenance,
hardware/software upgrades and overhead based on 13 POC
States.
$350,000
No
No
No
No
No
Uncollected
Sherry Kuneff 304
625-7462
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1110-0035_law.doc
1110-0035_83 i.pdf
1110-0035 Supporting Statement.doc.docx
State POC Final Determination Electronic Submission